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HomeMy WebLinkAboutCOUNCIL MINUTES 2009-12-16 37404 MINUTES OF THE ONE THOUSAND SIX HUNDRED FORTY SEVENTH REGULAR MEETING OF DECEMBER 16, 2009 On December 16, 2009, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan and was called to order by the President of the Council at 8 00 p m Councilmember Laura led the meeting with the Pledge of Allegiance Roll was called with the following result: Joe Laura, Brian Meakin, Thomas Robinson, Terry Godfroid-Marecki, John Pastor, and Laura Toy Absent: James McCann Elected and appointed officials present: Todd Zilincik, City Engineer; Karen Tesner, Director of Legislative Affairs, Mark Taormina, City Planner; Don Knapp, City Attorney; Linda Grimsby, City Clerk, Lynda Scheel, President Livonia Public Schools Board of Education, Joan Gebhardt, Wayne County Commissioner; and Mayor Jack Kirksey On a motion by Pastor, seconded by Meakin, and unanimously adopted, it was #483-09 RESOLVED, that the Minutes of the 1,646th Regular Meeting of the Council held December 2, 2009, are hereby approved as submitted Pastor announced his office is host for the Toys for Tots campaign and invited families in need during this holiday season to contact his office via telephone at (734) 522-3800 or by visiting his office at 34018 Beacon, off of Stark Road between Plymouth and Schoolcraft Roads Vice-President Godfroid-Marecki wished a Happy Birthday to President Toy and indicated President Toy will celebrate her birthday on December 22nd and also wished a Happy Birthday to her grandson, Vincent, who she indicated will turn three years old on December 20th Godfroid-Marecki then presented a gavel to President Toy, on behalf of the entire Council, and thanked President Toy for her hard work and leadership while serving as Council President during the past two years Regular Meeting Minutes of December 16, 2009 37405 President Toy thanked Council members for the gavel and thanked the Mayor and all City Department Heads for their help and cooperation during her service as Council President. President Toy thanked Council Staff members for their hard work and dedication as well President Toy concluded by stating it was an honor to serve the public and that the Council was a great group of people to work with and the entire experience has been a lot of fun Mayor Kirksey advised Council he would like to honor local businesses within the Livonia community and the first company to be honored at the meeting would be J D Candler Roofing, a company which had been in business for 130 years Mayor Kirksey introduced to Council Tom Brown, co-owner of J D Candler Roofing Tom Brown, J D Candler Roofing, 31111 Industrial Drive, thanked Council for the opportunity to speak and provided Council with a brief history of their business as a full-service roofing company Mr Brown indicated their business has evolved over the years and have done their best to change with the times Mr Brown indicated his company was honored to be present in such a great community Mayor Kirksey introduced the second business being honored at the meeting, Borg Warner, and their Plant Manager, Andy Martlock, was present to speak with Council Andy Martlock, Plant Manager for Borg Warner, 32059 Schoolcraft Road, provided a brief overview of Borg Warner and indicated the company is a global automotive supplier that specializes in power train systems Mr Martlock indicated Borg Warner is very optimistic about their product line and indicated his company was very proud of their recent achievement of 1,000,000 hours of production without a loss of time due to injury or incident. Mr Martlock acknowledged the joint efforts and sacrifices made by their Livonia team and indicated this record took more than four years to achieve Mr Martlock indicated due to the sacrifices made by the Livonia team including pay reductions, shut down weeks and a lot of changes in roles and responsibilities, Borg Warner is now a profitable and competitive business and thanked Mayor Kirksey and City Council for their support. Mayor Kirksey thanked Council for their time, support and cooperation in working with the Administration and wished Councilman Robinson well and good luck in his future endeavors Mayor Kirksey invited all residents to drive by City Hall at night to enjoy the holiday lights sponsored by Bright House President Toy extended a "welcome" greeting to her former school teacher, Mr Mack, and indicated Mr Mack has taught for the Livonia Public Schools District for 51 years and watched Council and School Board meetings all the time Vice-President Godfroid-Marecki wished a Happy Hanukkah to all Jewish community members and indicated the brochure for the Bentley Bricks was available and encouraged anyone interested in more information concerning same Regular Meeting Minutes of December 16, 2009 37406 to contact the Council Office at (734) 455-2249 or via e-mail to bentleybncksAg mail corn During Audience Communication, Joan Gebhardt, Wayne County Commissioner—District 12, 35248 Leon Street, presented a plaque to Councilmember Robinson for his years of service on the Livonia City Council Lynda Scheel, 19980 Mayfield St., President of Livonia Public Schools Board of Education, addressed Council to provide an update concerning the State's budget cuts and pending reductions to the District's budget. Ms Scheel indicated the Livonia Public School Board of Education approved an $8,000,000 cut to their budget which included approximately 83 lay-offs, a number which would be reduced once final bumping rights of employees were exhausted Ms Scheel indicated the Board will meet next month on January 4, 2010, and January 11, 2010, to finalize the necessary cuts to the District's budget. Ms Scheel encouraged residents to continue to contact their State legislators for support and indicated the State Legislature will be in session on Thursday, December 17th, their last day before the holiday break. Brandon Kritzman, 29601 Jacquelyn, Vice President of Community Development for Livonia Jaycees, addressed to Council to indicate the Livonia Jaycees hosted its "Breakfast with Santa" event at Laurel Park Place Mall on Saturday, December 12, 2009 Mr Kritzman thanked the Ken Wagner State Farm Insurance Agency for sponsoring this event and stated the event yielded approximately 95 participants Mr Kritzman also thanked Councilmember Pastor for his support and assistance in hosting the Toys for Tots campaign at his office John Grzebik, 11301 Hubbell, thanked Council for adopting resolutions in support of the Livonia Public Schools District and the Clarenceville Public Schools District and wanted to remind residents that all residents have a seat in how the School Districts fair, as property values are directly linked to the strength of the schools Ken Abramczyk, Reporter for Observer & Eccentric Newspapers, 615 Lafayette, Detroit, addressed Council to announce the Observer & Eccentric Newspaper is accepting nominations and applications for their First Citizen and Outstanding Student awards Mr Abramczyk indicated applications are available in the Thursday edition of the Observer & Eccentric or online at www.hometownlife.com Mr Abramczyk indicated the Awards Celebration will take place on Thursday, January 21, 2010 A communication from the Department of Finance, dated November 20, 2009, re forwarding various financial statements of the City of Livonia for the month ending October 31, 2009, was received and placed on file for the information of the Council. Regular Meeting Minutes of December 16, 2009 37407 A communication from the Department of Law, dated December 3, 2009, re timeframes for tower siting application reviews, was received and placed on file for the information of the Council On a motion by Pastor, seconded by Laura, it was #484-09 RESOLVED, that having considered a letter from Laura Zain, Executive Director/Founder, Tail Wagger's USA, dated November 20, 2009, the Council does hereby take this means to indicate that Tail Wagger's USA is recognized as a non-profit organization operating in the community, and the action herein being taken for the purpose of affording Tail Wagger's USA an opportunity to obtain a charitable gaming license or registration from the State of Michigan in accordance with provisions of State statute #485-09 RESOLVED, that having considered a letter from Eileen Whalen, Program Director, ConnectUs, dated November 30, 2009, the Council does hereby take this means to indicate that ConnectUs is recognized as a non-profit organization operating in the community, and the action herein being taken for the purpose of affording ConnectUs an opportunity to obtain a charitable gaming license or registration from the State of Michigan in accordance with provisions of State statute #486-09 RESOLVED, that having considered the letter from the President of the Livonia Anniversary Committee, Inc , dated November 20, 2009, requesting approval of the following items 1 The issuance of a permit to Wade Shows to conduct carnival amusement rides at Ford Field and Veterans' Park, as part of this year's SPREE-60 Celebration, on June 22, 23, and 24, 2010, from 2 00 p m to midnight and on June 25, 26, and 27, 2010, from 12 00 noon to midnight, subject to the City of Livonia, Livonia Public Schools, the Livonia Hockey Association and the Livonia Anniversary Committee, Inc. being identified as additional insured on Wade Shows' general liability insurance policy; 2 Authorization of the Anniversary Committee to conduct a fireworks display at Veterans' Park to be held on Sunday, June 27, 2010, at approximately 10 15 p m , which display will be controlled by American Fireworks, Inc , subject to providing liability insurance for this event and subject to the City of Livonia, Livonia Public Schools, the Livonia Hockey Association and the Livonia Anniversary Committee, Inc , being designated as additional insured on their policy; Regular Meeting Minutes of December 16, 2009 37408 3 Authorization of the Livonia Anniversary Committee to use and/or lease the facilities at Ford Field, Eddie Edgar Arena (subject to the terms of the existing lease between the Livonia Hockey Association and the City of Livonia) and Veterans' Park during the period of the SPREE-60 celebration in accordance with the fees/waivers grid for events co-sponsored by the City of Livonia, and 4 A waiver of all fees prescribed by ordinance or law with respect to Items 2 and 3 above, as well as a waiver of all vendors' license fees for community organizations and/or groups authorized to participate in SPREE-60 by the Anniversary Committee, the Council does hereby concur in and approve the foregoing requests, and the City Clerk and all other appropriate City officials and agencies are hereby requested to do all things necessary or incidental to the full performance of this resolution #487-09 RESOLVED, that having considered the letter from the President of the Livonia Anniversary Committee, Inc , dated November 20, 2009, wherein it is requested that the following City streets be closed to through traffic from 8 00 a m on June 21, 2010, through 12 00 noon on June 28, 2010 (Monday to Monday) Stark Road from the Family Y, 14255 Stark, to Lyndon Lyndon from Farmington Road to Stark Road the Council does hereby concur in and grant this request in the manner and form herein submitted, FURTHER, the Council does hereby request that Farmington Road be closed from the 1-96 overpass to Five Mile Road on Sunday, June 27, 2010, between the hours of 8 30 p m and 11 30 p m or until the road is returned to normal traffic operation in connection with the annual SPREE fireworks display, and does hereby authorize the City of Livonia to assume liability for any damage claims which may arise as a result of the road closure, and that Sgt. David Studt is hereby designated and authorized to sign the road closure permit on behalf of the City of Livonia, the action taken herein being made subject to the approval of the Police Department, Fire Department and Wayne County; and to the extent possible, SPREE is requested, in conjunction with the Police Department, to do all things necessary to alleviate traffic problems for the residents of Stoneleigh Village Subdivision during the 2010 Anniversary Celebration, including signs on the barricades indicating "Local Business and Residents Only " #488-09 RESOLVED, that having considered the letter from the President of the Livonia Anniversary Committee, Inc , dated November Regular Meeting Minutes of December 16, 2009 37409 20, 2009, the Council does hereby approve of the request from the Livonia Anniversary Committee, Inc., for permission to display banners advertising SPREE-60 on Farmington Road and Five Mile Road from May 24, 2010, through June 27, 2010, and to display 4' x 8' signs at City Hall and Ford Field from May 24, 2010, through June 27, 2010, at no additional cost to SPREE, FURTHER, the Council does hereby permit the Livonia Anniversary Committee, Inc to acknowledge supporters with banners and signage not to exceed 3' x 5' in size on Ford Field and the ball diamonds only from June 21, 2010, to June 28, 2010, and the City Clerk and all other appropriate City officials and agencies are hereby requested to do all things necessary or incidental to the full performance of this resolution #489-09 RESOLVED, that having considered a communication from the City Treasurer, dated November 17, 2009, which bears the signature of the Director of Finance and is approved for submission by the Mayor, with regard to the proposed cancellation of delinquent personal property taxes for tax years 1999 through 2002, the Council does hereby authorize the City Treasurer to petition the Circuit Court for the County of Wayne to cancel the attached 1999 through 2002 personal property taxes in accordance with provisions of state statute, and the Department of Law is hereby requested to institute the aforesaid litigation in the manner and form herein authorized #490-09 RESOLVED, that having considered a communication from the Mayor, dated November 30, 2009, the Council does hereby amend and revise Council Resolution 443-09 adopted at the November 4, 2009 Regular Meeting so as to have the same read as follows RESOLVED, that having considered a communication from the Mayor, dated October 15, 2009, the Council does hereby approve of and concur in the reappointment of William Fried, 16009 Riverside, Livonia, Michigan 48154, to the Livonia Brownfield Redevelopment Authority for a term of three years, which will expire on November 24, 2012. #491-09 RESOLVED, that having considered a communication from the Mayor, dated November 30, 2009, the Council does hereby amend and revise Council Resolution 444-09 adopted at the November 4, 2009 Regular Meeting so as to have the same read as follows RESOLVED, that having considered a communication from the Mayor, dated October 15, 2009, the Council does hereby approve of and concur in the reappointment of Kenneth M ..► Harb, 16788 Westbrook, Livonia, Michigan 48154, to the Livonia Regular Meeting Minutes of December 16, 2009 37410 Brownfield Redevelopment Authority for a term of three years, which will expire on November 24, 2012. #492-09 RESOLVED, that having considered a communication from the Mayor, dated November 30, 2009, the Council does hereby amend and revise Council Resolution 445-09 adopted at the November 4, 2009 Regular Meeting so as to have the same read as follows RESOLVED, that having considered a communication from the Mayor, dated October 15, 2009, the Council does hereby approve of and concur in the reappointment of Enrico Soave, 31567 Bridge Street, Livonia, Michigan 48152, to the Livonia Brownfield Redevelopment Authority for a term of three years, which will expire on November 24, 2012. #493-09 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated November 14, 2009, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the unit price bids of the following companies for supplying the Parks and Recreation Department with clothing for the 2010 fiscal year as indicated on the attachment to the aforesaid communication, the same having been the lowest bid submitted for each item listed and meets all specifications 1 Allgraphics Corporation, Mr Frank Alspector, 28960 E King William Dr , Farmington Hills, MI 48331 Item No. Size Amount 1 Ad M-XL $2 45 2 Ad M-XL $8 37 3 Ad Sm-XL $2 59 4 Ad Sm-Lg $6 40 5 Yth Sm-M &Ad Sm-Lg $2 46 6 Yth M-Lg &Ad Sm-2X $2 68 8 Ad M-3X $2 80 11 Ad Sm-XL $9 70 12 Ad Sm-2X $5 69 13 Ad Sm-2X $3 15 14A Yth M-L & Ad Sm-Lg $2 23 14B Ad S-Xlg $2 70 15 Ad M-2X $2 45 & $3 45 16 Yth Sm-M &Ad Sm-2X $4 45 & $5 45 17 Yth Sm-Lg &Ad Sm-Lg $2 62 & $2.20 18A Ad Sm-XL $21.20 18B Ad Sm-XL $24.20 Regular Meeting Minutes of December 16, 2009 37411 19A Yth M-Lg &Ad S-Xlg $2 45 19B Ad M-XL $2 77 20 Ad M-Xlg $2.48 21 Ad M $8 80 22 Ad Sm-2X $9 20 23 Ad Sm-2X $12 99 25 Ad Sm-Xlg $2 23 26 Ad M-XL $2 70 27 Ad M $8 40 2 Tool Sport & Sign, Inc., Mr Joshua Hovis, 1060 S Lapeer Road, Oxford, MI 48371 Item No. Size Amount 9 Ad Sm-XL $4 25 10 Ad Sm-Xlg $6 85 3 J.N. Corporation, Ms Kathy Janssen, 11665 Levan, Livonia, MI 48150 Item No. Size Amount 7 Yth &Ad $1 87 24 Ad Sm-XL $3 38 FURTHER, the Council does hereby authorize such purchases from funds already budgeted in the Department of Parks and Recreation and Community Center Account Nos 208-755-768-000, 208-717-764- 000, 101-711-766-000, 101-707-764-000 and 208-755-776-040 for this purpose, FURTHER, the Council does hereby authorize purchases for Items 18A and 18B from Account No 702-285-125 for employees who wish to purchase additional work apparel with the understanding that the payment from employees will be deposited back into such account. #494-09 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated November 18, 2009, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Friendly Laundry Service, Inc , 28450 Joy Road, Livonia, Michigan 48150, to provide towel service for the Livonia Community Recreation Center for a five (5) year period commencing on March 1, 2010, through February 28, 2015, in the estimated amount of $31,404 00 per year, the same having been in fact the lowest bid submitted and meets all specifications, FURTHER, the Council does hereby authorize an expenditure in the estimated amount of $31,404 00 per year from funds budgeted in Account No 208-755-818-020 (Contractual Services - Maintenance) for this Regular Meeting Minutes of December 16, 2009 37412 purpose with the understanding that the estimated annual cost may change in the event of increased usage or increased towel damage/loss and will be calculated based on the per towel rate accepted herein, and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution #495-09 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated November 17, 2009, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the following bids for supplying fitness equipment for the Department of Parks and Recreation (Community Recreation Center) All Pro Exercise, Inc., 24166 Haggerty Road, Farmington Hills, Michigan 48335, for seven (7) ellipticals or cross trainers (Model Octane Pro 3700) for a net price of $18,865 00, based on a total price of $24,465 00 less trade-in of $5,600 00, and two (2) Concept 2 indoor rowers (Model E) for a net price of $1,430 00, based on a total price of $1,930 00 less trade-in of$500 00, and two (2) stair climbers (Model Matrix S3X) for a net price of $3,390 00, based on a total price of $4,190 00 less trade-in of $800 00, the same having been in fact the lowest bids received and meet all specifications, and one (1) elliptical (Model Octane xRide xR600) for a total price of $3,795 00, the Council having determined to accept such bid in lieu of the low bid for the reasons outlined in the attachment to the aforesaid report and recommendation, Star Trac, 14410 Myford Road, Irvine, California 92606, for six (6) programmable treadmills (Model Star Trac E-TR) for a net price of $19,410 00, based on a total price of $25,410 00 less trade-in of $6,000 00, and two (2) exercise bicycles (Model Star Trac e-Spinner) for a total price of $6,625 00, the Council having determined to accept such bids in lieu of the low bids for the reasons outlined in the attachment to the aforementioned report and recommendation, and two (2) stair climbers (Model Star Trac E-ST) for the net price of $4,250 00, based on a total price of $4,450 00 less trade-in of $200 00, the same having been the lowest bid submitted and meets all specifications for such type of stair climber and the Council having determined to purchase two different types of stair climbers from two separate vendors for the reasons outlined in the attachment to the aforementioned report and recommendation, Regular Meeting Minutes of December 16, 2009 37413 Direct Fitness Solutions, 600 Tower Road, Mundelein, Illinois 60060, for one (1) elliptical (Model Precor AMT 100i) for the total price of $5,895 00, the Council having determined to accept such bid in lieu of the low bid for the reasons outlined in the attachment to the aforementioned report and recommendation, and the bids of ProMaxima are hereby rejected for the reasons indicated in the attachment to the aforementioned report and recommendation, FURTHER, the Council does hereby authorize an expenditure of the total sum of $63,660 00 from funds already budgeted in Account No 208-755-971-000 for this purpose #496-09 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated November 30, 2009, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Advantage Marketing Solutions, LLC, 38777 Six Mile Road, Suite 110, Livonia, Michigan 48152, for ad solicitation and printing of the advertisement insert for the "L" Magazine for a three year period commencing March 1, 2010, through January 31, 2013, in an amount not to exceed $20,000 00 per year, the same having been in fact the lowest bid received and meets all specifications, FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $20,000 00 per year, from Account No 101-707-904-000 (30%) and Account No 208-755-905- 000 (70%) for this purpose, and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution #497-09 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the Superintendent of Parks and Recreation, dated November 30, 2009, which bears the signature of the Director of Finance, is approved by the City Attorney and is approved for submission by the Mayor, the Council does hereby accept the bid of Technical Service Professionals (TSP), 12411 Stark Road, Livonia, Michigan 48150, for removal of the play structure and impacted soil at Beverly Park, in an amount not to exceed $81,913 00, the same having been in fact the lowest bid received and meets all specifications, FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $81,913 00, from funds already appropriated in the Unexpended Fund Balance of the Refuse Fund for this purpose, and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution Regular Meeting Minutes of December 16, 2009 37414 #498-09 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated November 12, 2009, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the following low bids which meet specifications for supplying the Public Service Division (Road Maintenance Section) with aggregates (road gravel, slag and stone) specified at the unit prices bid for the City's 2010 calendar year requirements 1 Michigan Road Maintenance Company, 2438 Vreeland Rd , Trenton, Michigan 48183 M D O T —21AA— Limestone— D T Y $9 85 per ton WCRC —22X— DTY 686 per ton 36" Boulders — DTY 80 00 per ton 2 Osburn Industries, Inc., 8580 Pardee, Taylor, Michigan 48180 W C R.0 — Porous Backfill — Grade B — DTY $10 50 per ton 60-40 Washed — Conc Aggregates — D T Y 10 50 per ton 10A Aggregate Stone — D T Y 12 50 per ton 8" — 16" Limestone — D T Y 20 20 per ton 3 Edward C Levy Co., 8800 Dix Ave , Detroit, Michigan 48209 W C R.0 — 30A (Slag) — DTY $13 15 per ton 4 Ellsworth Industries, P 0 Box 5366, Plymouth, Michigan 48170 MD O T —22A— DTY $8 99 per ton WCRC — Porous Backfill — Grade A— DTY 5 75 per ton W C R.0 —2NS — Natural Sand — D T Y 7 69 per ton WCRC —2MS — Mortar Sand — D T Y 9 10 per ton Pea Gravel — DTY 9 99 per ton 1" to 3" Crushed Concrete — D T Y 9 75 per ton Ag-Lime — "Parks" — D T Y 11 15 per ton FURTHER, in the event the aforesaid low bidders are unable to furnish the materials, the Council does hereby accept the following second lowest bids, which also meet specifications, as alternates for supplying the Public Service Division (Road Maintenance Section) with the materials specified at the unit prices bid for the City's 2010 calendar year requirements 1 Michigan Road Maintenance Company, 2438 Vreeland Rd , Trenton, Michigan 48183 60-40 Washed — Conc Aggregates — D T Y $12 32 per ton Regular Meeting Minutes of December 16, 2009 37415 1" to 3" Crushed Concrete — D T Y 10 50 per ton 10A Aggregate Stone — D T Y 14 06 per ton 8"— 16" Limestone — D T Y 22 00 per ton 2 Osburn Industries, Inc., 8580 Pardee, Taylor, Michigan 48180 MD OT —22A— DTY $990 per ton WCRC — 30(A) (Slag) — DTY 13 50 per ton W C R.0 — Porous Backfill — Grade A— DTY 6 80 per ton W C R.0 —2NS — Natural Sand — D T Y 7 80 per ton W C R.0 —2MS — Mortar Sand — DTY 10 50 per ton Pea Gravel — DTY 12 50 per ton Ag-Lime — "Parks" — D T Y 13 20 per ton 3 Edward C Levy Co., 8800 Dix Ave , Detroit, Michigan 48209 WCRC 22X — DTY $7 25 per ton 4 Ellsworth Industries, P 0 Box 5366, Plymouth, Michigan 48170 M D O T —21AA — Limestone— DTY $9 99 per ton W C R.0 — Porous Backfill — Grade B — D TY 11 00 per ton FURTHER, the Council does hereby authorize the expenditure of funds already budgeted from Account No 101-463-782-000 (Roads Maintenance Section) for this purpose #499-09 RESOLVED, that having considered a communication from the Superintendent of Public Service, dated November 24, 2009, which bears the signatures of the Finance Director and the Director of Public Works, is approved by the City Attorney and is approved for submission by the Mayor, the Council does hereby accept the proposal submitted by Plante & Moran, PLLC, 27400 Northwestern Hwy , Southfield, Michigan 48037, for specification development and proposal evaluation in connection with the upgrade of the City telecommunication system and the new courthouse telecommunication system pursuant to Option A (Revised) or an appropriate current offering as set forth in the aforesaid communication in an amount not to exceed $11,800 00, FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $11,800 00 from funds already budgeted in Account No 101-263-853-000 for this purpose, FURTHER, the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid company, after approval as to form by the Department of Law, and to do all other things necessary or incidental to the full performance of this resolution Regular Meeting Minutes of December 16, 2009 37416 #500-09 RESOLVED, that having considered a communication from the Superintendent of Public Service, dated November 24, 2009, which bears the signatures of the Finance Director and the Director of Public Works, is approved by the City Attorney and is approved for submission by the Mayor, the Council does hereby refer the general subject matter of telecommunication system upgrades to the Finance, Budget and Technology Committee for its report and recommendation #501-09 WHEREAS, the City of Livonia (hereinafter the "Community") periodically applies to the County of Wayne Department of Public Services, Engineering Division Permit Office (hereinafter the "County") for permits to conduct emergency repairs and annual maintenance work on local and County roads located entirely within the boundaries of the Community, as needed from time to time to maintain the roads in a condition reasonably safe and convenient for public travel WHEREAS, pursuant to Act 51 of 1951, being MCL 247 651 et. seq , the County permits and regulates such activities and related temporary road closures NOW THEREFORE, in consideration of the County granting such Permit, the Community agrees and resolves that: It will fulfill all Permit requirements and acknowledges that each party to this Agreement shall remain responsible for any claims arising out of their own acts and/or omissions during the performance of this Agreement, as provided by law This Agreement is not intended to increase either party's liability for, or immunity from, tort claims This Agreement is not intended, nor shall it be interpreted, as giving either party a right of indemnification, either by agreement or at law, for claims arising out of the performance of this Agreement. Any work performed for the Community by a contractor or subcontractor will be solely as a contractor for the Community and not as a contractor or agent of the County Any claims by any contractor or subcontractor will be the sole responsibility of the Community The County shall not be subject to any obligations or liabilities by vendors and contractors of the Community, or their subcontractors or any other person not a party to the Permit without its specific prior written consent and notwithstanding the issuance of the Permit. The Community shall take no unlawful action or conduct, which arises either directly or indirectly out of its obligations, responsibilities, and duties under the Permit which results in claims being asserted against or judgment being imposed against the County, and all officers, agents and employees thereof pursuant to a maintenance contract. In the event that the same occurs, for the purposes of the Permit, it will be Regular Meeting Minutes of December 16, 2009 37417 considered a breach of the Permit thereby giving the County a right to seek and obtain any necessary relief or remedy, including, but not by way of limitation, a judgment for money damages With respect to any activities authorized by Permit, when the Community requires insurance on its own or its contractor's behalf, it shall also require that such policy include as named insured the County of Wayne and all officers, agents and employees thereof The incorporation by the County of this resolution as part of a Permit does not prevent the County from requiring additional performance security or insurance before issuance of a Permit. This resolution shall continue in force from this date until cancelled by the Community or the County with no less than thirty (30) days prior written notice to the other party It will not be cancelled or otherwise terminated by the Community with regard to any Permit which has already been issued or activity which has already been undertaken BE IT FURTHER RESOLVED, that the following position(s) are authorized to apply to the County of Wayne Department of Public Services Engineering Division Permit Office for the necessary Permit to work within County road right-of-way or local roads on behalf of the Community Name Title Kevin L. Maillard, P E Director of Public Works Todd Zilincik, P E City Engineer #502-09 RESOLVED, that having considered a communication from the City Engineer, dated November 25, 2009, which bears the signature of the Finance Director, is approved by the Director of Public Works and is approved for submission by the Mayor, and having considered Water and Sewer Board resolution WS 4017 12/09, adopted on December 8, 2009, the Council does hereby accept the proposal submitted by Murphy Pipeline Contractors, Inc., 4700 North Pearl Street, Jacksonville, Florida 32206, for performing emergency water main replacement for Westmore (Seven Mile to Carl) and Carl (west to Farmington Road) in an amount not to exceed $235,125 00, based on bid unit prices accepted in 2007 (Council Resolution No 530-07) and based upon the Engineering Department's estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the 2007 unit prices previously accepted, FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $235,125 00 from proceeds from the 2005 Water and Sewer Bond sale, FURTHER, the Council Regular Meeting Minutes of December 16, 2009 37418 does hereby authorize the said action without competitive bidding in accordance with the provisions set forth in Section 3 04 140 D.2 of the Livonia Code of Ordinances, as amended, FURTHER, the City Engineer is hereby authorized to approve any minor adjustments in the work as it becomes necessary, and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid company, and to do all other things necessary or incidental to the full performance of this resolution #503-09 RESOLVED, that having considered a communication from the City Engineer, dated December 7, 2009, which bears the signature of the Finance Director, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby accept the proposal submitted by Spalding DeDecker Associates, Inc., 905 South Boulevard East, Rochester Hills, Michigan 48307, for performing design services for resurfacing Middlebelt Road (Seven Mile to Eight Mile Roads) in an amount not to exceed $59,090 00, FURTHER, the Council does hereby appropriate and authorize an expenditure in an amount not to exceed $59,090 00 from the Unexpended Fund Balance of the Michigan Transportation Fund (Major Road Account) for this purpose, FURTHER, the Council does hereby authorize the said action without competitive bidding in accordance with the provisions set forth in Section 3 04 140 D 2 of the Livonia Code of Ordinances, as amended, FURTHER, the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid company, and to do all other things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolutions with the following result: AYES Laura, Meakin, Robinson, Godfroid-Marecki, Pastor, and Toy NAYS None Robinson gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 020 OF TITLE 12, CHAPTER 18 (NAMING OF PUBLIC PLACES AND BUILDINGS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk, and is the same as if word for word repeated herein Regular Meeting Minutes of December 16, 2009 37419 Robinson invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES Meakin, Robinson, Godfroid-Marecki, Pastor, and Toy NAYS Laura The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Pastor, seconded by Godfroid-Marecki, and unanimously adopted, it was #504-09 RESOLVED, that having considered a communication from the Deputy Chief of Police, dated November 19, 2009, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept a cash donation in the amount of $370 00 from Bai Lynn Neighborhood Watch, FURTHER, the Council does hereby appropriate and credit the amount of $370 00 to Account No 702-285- 213 (Police Crime Prevention) for the purpose designated by the donor Pastor wished everyone a Merry Christmas and Happy New Year Pastor also thanked Councilmember Robinson for his years of service to the City President Toy, on behalf of the Council, presented a plaque to Councilmember Robinson to honor him for his years of service to the community President Toy indicated this was Robinson's last meeting due to term limits and indicated his dedication and hard work was admirable Robinson thanked Council for the plaque and stated it was an honor growing up in a City full of pride and surrounded by wonderful people Robinson indicated Livonia was more than a community, it was home Robinson stated he was grateful to all past and present City employees and Department Heads and indicated their hard work and dedication created the community Livonia is today Robinson thanked his family and friends for their support and recognized his family members present in the audience at the meeting Robinson concluded by stating he was grateful to his colleagues and stated Mayor Kirksey and Mayor Engebretson were great role models and leaders and thanked the people of Livonia for the honor of serving them Regular Meeting Minutes of December 16, 2009 37420 Meakin stated it was an honor and pleasure serving and working with Councilmember Robinson and wished him well Godfroid-Marecki indicated it has been a pleasure serving on Council with Councilmember Robinson and stated he will be missed Laura welcomed Maureen Miller Brosnan to Council and indicated Ms Brosnan will be joining the Council in January Laura thanked President Toy for her great leadership while serving as Council President. Laura concluded by wishing well to Councilmember Robinson and indicated he hoped to see Robinson back in some capacity, to serve the community President Toy stated Councilmember Robinson had service in his heart and deep, strong beliefs that have helped to carry him far She provided a quote and indicated she expected higher things from Robinson and knew he would achieve them President Toy wished Robinson much success in all his future endeavors During Audience Communication, Roberta Robinson, 8959 Virginia, addressed Council to state she was very proud of her son, Thomas Robinson, and stated he had done a good job for the City of Livonia She indicated all Council members have done well for the community and wished the City of Livonia a Merry Christmas President Toy presented the gavel to Councilmember Robinson to close out the meeting On a motion by Pastor, seconded by Laura, and unanimously adopted, this 1,647th Regular Meeting of the Council of the City of Livonia was adjourned at 855 p m i rr(/t ;112 ✓7L7. Linda Grimsby, City perk c